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P � <br /> ' ' 6.1. C. - Page 16 <br /> APPENDIX A <br /> SUMMARY OF LANGUAGE ACCESS LAWS IN CALIFORNIA <br /> There are a number of federal, state, and local laws that govern language access for limited- <br /> English proficient (LEP) individuals. The following is an overview of the federal, state, and local <br /> laws goveming language access. <br /> Title VI of the 1964 Civil Rights Act <br /> "No person in the United States shall, on the ground of race, color, or national origin be excluded <br /> from participation in, be denied the benefits of, or be subjected to discrimination u�nder any <br /> program or activity receiving Federal financial assistance." <br /> Tit1e VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national <br /> origin by any recipient of federal funding. This obligation applies to all recipients, including <br /> government agencies, public educational institu.tions, nonprofit organizations, pr�vate <br /> corporations, and other entities. Title VI also applies without regard to the amount of funds <br /> received by an entity. Although the law does not define national origin discrimination, courts and <br /> regulations have consistently interpreted the provision as requiring linguistically assessable <br /> services. This means that agencies that receive federal funds and fail to provide meaningful <br /> access for limited Eng�ish speaking individuals to services can violate Title VI. Title VI also <br /> covers. private for-profit and nonpro�'it entities that receive federal funds, inclucting those re- <br /> allocated b� state or local governments. In the past several years, policies h.ave been put in place <br /> at the federal level to provide direction that is more specific to federal recipients regarding their <br /> legal duty to provide language-accessible services. In August 2000, President Clinton issued <br /> Executive Order 13166, "Improving Access to Services for Persons with Limited Englis�i <br /> Proficiency," requiring federal agencies to develop guidance for federal funding recipients on <br /> how to comply with Title VI. The Bush administration has reaffirmed Executive Order 13166, <br /> and the U.S. Department of Justice has led a multi-agency effort to issue guidance outlining four <br /> factors that a recipient of federal funding should apply in determining its level of obligation to <br /> provide access to services far people who are LEP: <br /> 1. Number or proportion of LEP persons served. While programs that serve fewer LEP <br /> individuals are still required to take reasonable steps to provide meaningful access, the number <br /> of LEP individuals expected to be encountered will determine the reasonableness of the efforts. <br /> 2. Frequency of contact with LEP persons. The more frequent the need by LEP individuals to <br /> access the services, the greater the responsibility ta provide meaningful access. <br /> 3. Nature and importance of the program. The greater the importance of the program to <br /> beneficiaries, the greater the duty to provide access. <br /> 4. Resources available and costs. Cost is a legitimate consideration in assessing the <br /> reasonableness of particular language access measures, and a smaller recipient of federal funding <br /> with limited resources may not have to take the same steps as a larger one, <br /> In balancing these four factors, recipients of federal funding must provide an appropriate level of <br /> both oral interpretation and translation of important written documents. More information about <br /> 8 <br />